A lot of the focus in a personal injury lawsuit is on who is at fault. It’s a big question, and the answer may dictate whether an accident victim like you is able to recover compensation. This is because North Carolina deals with fault differently than other states.
North Carolina’s contributory negligence statute
North Carolina is one of the few states in America that still recognizes contributory negligence. Under the law, you can be denied recovery if you’re found to be even 1% at fault for the accident. This is drastically different from other states’ laws in which a victim’s recovery is reduced in proportion to their share of the fault.
The use of contributory negligence as a defense
As you can imagine, contributory negligence is a favorite defense strategy for those who have been accused of having caused an accident. Therefore, your driving at the time of your wreck will be put under the microscope, and even seemingly minor issues may be blown out of proportion to try to make you look like an errant motorist.
What does this mean for you?
Well, it certainly doesn’t mean that you should throw up your hands and give up on your case. Instead, it simply means that you need put in the time and effort necessary to adequately prepare your case. This includes being able to anticipate the defense’s arguments and aggressively counter them.
Knowing that your claim hangs in the balance can be enormously stressful, particularly if you’re relying on the outcome of your claim to provide you with the financial relief that you need. That’s why you have to do everything you can to ensure that you’re putting forth the strongest arguments possible given the facts at hand. If you’d like assistance in building your case, then you may want to consider reaching out to a successful personal injury attorney to discuss the matter further.